HomeMy WebLinkAboutContracts & Agreements_4-1973AN AGREEMENT FOR THE JOINT EXERCISE
OF POWERS RELATI'v'E TO THE
SAN BERNARDINO ASSOCIATED GOVERNMENTS
This agreement is entered into by and between the County of
San Bernardino, a political subdivision of the State of California,
hereinafter referred to as COUNTY, and the City of Adelanto, a
municipal corporation, the City of Barstow, a.municipal corporation,
the City of Chino, a municipal corporation, the City of Colton, a
municipal corporation, the City of Fontana, a municipal corporation,
the City of Loma Linda, a municipal corporation, the City of Montclair,
a municipal corporation, the City of Needles, a charter city, the
City of Ontario, a municipal corporation, the City of Redlands a
municipal corporation, the City of Rialto, a municipal corporation,
the City of San Bernardino, a charter city, the City of Upland, a
municipal corporation, and the City of Victorville, a municipal cor-
poration, hereinafter referred to as CITIES.
The parties hereto declare as follows:
1. INTHEREAS, each party to this agreement is a public agency
and is authorized to enter into this agreement; and
2. WHEREAS, the partie's recognize a need for an organizationG.1
framework through which they may explore and study countywide and
regional problems affecting each of them and through which they may
effect improved intergovernmental cooperation through the accumulation
of informational materials and the use of advisory committees and
thereby increase the overall quality of governmental services; and
3. WHEREAS, many cities in San Bernardino County have
established and maintained membership in the Southern California Asso-
ciation of Governments over a period of years and have no plan at the
present time of dropping this membership; and
4. WHEREAS, the parties believe that such an organization as
The San Bernardino Associated Governments (SANBAG) can provide an
effective means of resolving County -wide governmental service problems.
NOW, THEREFORE, the parties hereto agree as follows:
EFFECTIVE DATE
1. This agreement shall become binding upon each party hereto
upon execution hereof by that party.
PURPOSE OF AGREEMENT
2. The purpose of this agreement is to improve and coordinate
governmental services on a countywide and regional basis through the
establishment of a cooperative association of governments. This cooper-
ative association shall be known as the San Bernardino Associated
Governments, hereafter also known as SANBAG. The San Bernardino
Associated Governments shall perform all necessary functions to fulfill
this purpose including, .but not liinited to, the following:
a. Serve as a forum for consideration, study and recommenda-
tion on countywide regional problems.
b. Assemble information helpful in the consideration of
problems peculiar to the various areas of the County.
C. Explore all practicable avenues for intergovernmental
cooperation in the interest of.local public welfare and improve
administration of governmental services.
COMMON POWERS TO BE EXERCISED
3. Common powers to be exercised pursuant to this agreement
are the .powers to:
a. Establish advisory committees;
b. Initiate studies to provide information helpful and
necessary to the consideration of problems and proposed services to
be rendered by the parties.;
and
c. Explore possible areas of intergovernmental cooperation;
d. Make and enter into contracts to accomplish the purposes
IFAI
of this agreement.
Common powers shall be exercised to aid, assist, extend, and
improve the intergovernmental cooperation and information of the
parties.
ADMINISTRATION OF THE AGREEMENT
4. The San Bernardino Associated Governments is hereby
i
formed, and pursuant,to the provisions of Government Code Section
6506, is designated as the agent to exercise the common powers
provided for in this agreement and to administer or otherwise execute
this agreement. The San Bernardino Associated Governments shall do
whatever is necessary to carry out the purposes of this agreement and
shall make and enter into such contracts, incur such debts and
obligations, make assessments against its members, and perform such
other acts as are necessary to the accomplishment of the purposes of
this agreement. The San Bernardino Associated Governments shall
constitute a separate public entity pursuant to the provisions of
Government Code Section 6507,
The San Bernardino Associated Governments shall be governed
by a General Assembly. The membership of the General Assembly shall
consist of the members of the Board of Supervisors of the County of
San Bernardino and of a. representative, who shall be either the mayor
or a councilman, from each signatory city. Each member of the General
Assembly shall have a vote. A quorum shall consist of a majority of
the membership of the General Assembly, and the General Assembly shall
act only upon a majority vote of the membership present with a quorum
in attendance; provided, however, that bylaws and amendments and such
procedures as it may find appropriate to gove.rn its functions shall
require a majority vote of the entire membership of the General Assembly.
EXECUTIVE BOARD
5. The San Bernardino Associated Governments shall have 'an
Executive Board composed of nine members. The Executive Board shall
be composed of two city Mayors or Councilmen elected by cities from
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what is now known as the West Valley Planning Agency area; two city
Mayors or Councilmen from what is now known as the East Valley Planning
Agency area; two city Mayors or Councilmen from what is now known as
the Mountain -Desert Planning Agency area; and three county Supervisors,
with one being selected from each of the three planning areas listed
above. The Board of Supervisors may also elect an alternate supervisor.
i
No city shall have more than one delegate on the Executive Board. The
city representatives shall be selected by and from the respective city
members of the General Assembly from each area,
The Executive Board shall be empowered by the General Assembly
to execute the business affairs of SANBAG and to carry out such
administrative policies as may be granted to it by a majority of the
General Assembly.
There shall be established a Technical Advisory Committee to
the Executive Board consisting of two administrative representatives
of the County Administrator's Office and two City Administrators from
each of the three planning areas designated above.
STAFFING AND MANAGEMENT
b. The regular staffing and management of SANBAG shall be
separate and apart from any county department or agency or employees
therefrom, and from any city dep artmentts agencies or employees
therefrom. The management staff shall be selected and appointed by
the Executive Board. SANBAG may request assistance from the staff
of any signatory, and such assistance shall not be unreasonably refused.
FUNDS AND PROPERTY
7. The Treasurer of San Bernardino County shall maintain in a
separate trust account all funds received by.the San Bernardino Asso-
ciated Governments. Such funds shall be expended only in furtherance
of the purposes of this agreement and pursuant to procedures therefore
established by the General Assembly, and standard accounting practices
shall be used to account for funds received and disbursed. There shall
be a strict accountability of all funds. The account books shall be
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open at all times during normal business hours to the inspection of
any authorized representative of any party to this agreement.
The San Bernardino Associated Governments shall be operated
on a fiscal year basis beginning on July 1 of each year and continuing
until June 30 of the succeeding year. A qualified auditor shall be
selected by the General Assembly. The auditor may be, but need not be,
the Auditor of/San Bernardino County. The auditor selected shall
perform an annual audit of the financial operations of the Association
and shall prepare a statement of assets and liabilities, a statement
of receipts and disbursements, and such other s tatements and reports
as may be required by the General Assembly. A copy of the audit shall
be disbursed to the parties to the agreement.
Prior to May 15 of each year, the General Assembly shall adopt
a final budget for the expenditures of the Association during the next
fiscal year.
FINANCING AND BUDGET
8. It shall be the responsibility of the Executive Board to
have prepared an annual working budget to be submitted to the General
Assembly for its consideration. The General Assembly shall determine
and approve the final budget for the year.
During the period that the 1956 sales tax bond redemption
agreement between County and contributing Cities remains in effect,
general funds for the administrative costs and operation of SANBAG shall
be provided by County from those sales tax revenues contributed under
such agreement which are in excess of bond redemption requirements. Any
signatory Cities not participating in the sales tax bond redemption
agreement shall make pro--rata contributions to the SANBAG budgetary
requirements computed by the formula set forth in Paragraph 9 of this
Agreement.
Upon termination of the 1956 sales tax bond redemption program,
contributions of all parties hereto shall be computed by the formula
set forth in Paragraph 9 of this Agreement.
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ASSESSMENTS
9. In preparing the budget, the General Assembly shall
determine whether additional assessments appear to be necessary. If
so, such additional assessments shall be computed on a formula whereby
one-half of such assessment shall be based on the population of each
signatory member and one-half on the assessed valuation of each signa-
tory member, the County's share being based on the population and
assessed valuation within the unincorporated territory only. Each
party shall be informed of its estimated assessment by April 1. After
the final budget becomes effective, the General Assembly shall deter-
mine the precise amount of the additional assessment, if any may be
necessary, and the parties shall be so informed. Assessments shall
be payable on or before August I, for the fiscal year starting July 1.
In addition to the additional assessments as computed in the
preceding paragraph, advances from the public funds of the parties
hereto may be made for the purposes set forth in this agreement. When
such advances are made, they shall be repaid from the first available
funds.
The General Assembly shall have the power to authorize util.i-
zation of personnel, equipment, or property of one or more of the
parties to this agreement in complete or partial satisfaction of such
party's obligations.to pay assessments or make advances.
All assessments or other monetary obligations hereunder shall
be paid to the Association and shall be disbursed by a majority vote
of the General Assembly.
ADDITIONAL PARTIES
10. Any incorporated city within the county may join the
Association. Any such city so joining shall become subject to the
terms of this agreement and shall be entitled to representation on the
General Assembly as provided herein. The General Assembly shall
establish such conditions for entry into the Association as will be
fair to the new member and to all other members to this agreement.
The governing board of the incorporated city that seeks to join the
Association shall subscribe to this agreement,
WITHDRAWAL
11. Any party hereto may withdraw from the Association by
resolution of its governing body. Such withdrawal shall be made prior
to -May 1 of any year and shall be effective only as of July 1 of the
year withdrawal is made. If the debts and obligations of the Asso-
ciation exceed its assets and anticipated income at the time of with-
drawal, withdrawal may be effected only after payment by the with-
drawing party of its proportionate share of the net debt and obliga-
tions of the Association.
TERMINATION
12. This agreement may be terminated by resolutions of the
governing board of a majority of the parties to this agreement. The
decision to terminate must be made prior to May 1 of any year.
Termination shall become effective only upon July 1 of the year
termination is voted. Upon termination, all such claims against the
Association shall be paid and the remaining assets distributed among
the parties who have been members of the Association in proportion to
the total contributions made by such parties to the Association.
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Dated:
Attest:
Clerk to the Board
Dated:
Attest:
City Clerk
Dated
Attest:
City Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
-: ty Clerk
Dated:
Attest:
Ciy Clerk
COU14TY OF SAN BERNARDINO
Chairman, Board of Supervisors
CITY OF ADELANTO
Mayor
CITY OF BARSTOW
Mayor
CITY OF CHINO
Mayor
CITY OF COLTON
ayor
CITY OF FONTANA
avor
I
CITY OF LOALA. LINDA
Dated:
Attest:
City Cler
Dated:
Attest:
City Clerk
Dated:
Attest:
pity Clerk
Dated:
Attest:
City Cler
Dated: _ February --6, 1973
Attest:
r
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Dated:
Attest:
ity Clerk
Wom
ayor
CITY OF MONTCLAIR
Mayor
CITY OF NEEDLES
Mayor
CITY OF ONTARIO
Mayor
CITY OF REDLANDS
yor
CITY OF RIALTO
i+iay or
Dated:
Attest:
sty Clerk
Dated:
Attest:
City Clerk
Dated:
Attest:
City Clerk
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CITY OF SAN BERNARDIN0
Mayor
CITY OF UPLAND
Mayor
CITY OF VICTORVILLE
Mayo r
no 70,
tax ie.:�r �+eu asvaa^.a er.eHH.ex*s
November 6, 1974
SAN BERNARDINO ASSOCIATED GOVERNMENTS
A PLALNN,Nis COUNCIL OF COOPERAT;NG ts:TERACTNE GOVERNMENTS
Suite 469 Andresun Building, 320 N. Street
San Bernardino, California 92401, (7i,) 884-8276
To: City Clerks, Cities of San Bernardino County
Clerk of the Board•of Supervisors; County of
San Bernardino
Subject: SANBAG JOINT POWERS AMENDMENT
Transmitted with this explanatory latter is the proposed SANBAG
Joint Powers Agreement Amendment No. 2, which was approved and
recommended for adoption by the General Assembly on October U.
The final language was concurred in and ratified by the Execu-
tive Board on November 6, 1974, and this transmittal directed.
The SANBAG legal counsel has approved the document as to legal
form.
The effect of the amendment is to provide the necessary coor-
dinative powers for SANBAG to carry out the limited umbrella
role which has now been agreed upon. It complements the ,area
Transit Authority Joint powers organizations now being formed.
The amendment is now ready for adopti cn by each city and the
county, (Note that we did not include all sixteen sign5ture
blocks; please execute one copy for your jlurisdictian and
transmit it to us ... we'll have a signature ceremony for all
parties later.)
Your earliest action
WCM:kb
CF-74-445
is urged.
Wesley & i cDanie l
Executive Director/Secretary
cc: Executive Board ;embers
General Assembly Members
Board of Supervisors
Mayors
Administrative Of.ticers
^:qW9 0 .tC?!'L'. 10, ""IMM CDT0' F: hNTP J,% :C !..1
0141AM0, lit XANI)S. Fi ALTO. rAN EFNA iA%D. UI LANC.• VK; 0rp:11. r,. A.
APPROVED BY SANBAG GENERAL ASSEMBLY
October 30, 1974
TRANSMITTED BY EXECUTIVE BOARD FOR
A.UVt'1'1VLY t(Y EiLL I•]Gf3 tiY�fS JUtC1 J1J.L C.11VFVJ
November 6, 1974
AGREEMENT TO AMEND
AN AGREEMENT FOR THE JOINT EXERCISE
OF POWERS RELATIVE TO THE
SAN BERNARDINO ASSOCIATED GOVERNMENTS
This agreement is entered into by an-d between:the County of -
San Bernardino, a political subdivision of the State of California.,
hereinafter referred to as COUNTY, and the City of Adelanto, a muni-
cipal corporation, the City of Barstow, a municipal corporation, the
City of Chino, a municipal corporation, the City of Colton, a municipal
corporation, the City of Fontana, a municipal corporation, the City
of Loma Linda, a municipal corporation, the City of Montclair, a
municipal corporation, the City of Needles, a charter city, the City
of Ontario, a municipal corporation, the City of Redlands, a municipal
corporation, the City of Rialto, a municipal corporation, the City
of San'Bernardino, a charter city, the City of Upland, a municipal
corporation, and the City -of Victo.rville, a municipal corporation,
hereinafter referred to as CITIES.
The parties hereto declare as follows:
1. WHEREAS, each party to this agreement entered into
and executed a Joint Powers Agreement relative to the San Bernardino
Associated Governments. and
2. WHEREAS, the parties recognize the need for a unified
and coordinated approach to establish a countywide transit system
and desire to utilize the San Bernardino Associated Governments (SANBAG)
as the organizational entity to accomplish this purpose, and
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3. WHEREAS,'the parties have adopted a proposed operational
plan whereby SANBAG, serving as the Countywide Transit Authority,
with input from area Transit Service Authorities, will develop
policy guidelines for countywide transit service, and advise on and
assist with intercommunity and intercounty service in conjunction
with said transit authorities,
NOW THEREFORE, the parties hereto agree as follows:
The Joint Powers Agreement executed -by the parties hereto
is hereby amended as follows:
1. Section 2 on Page 2 of said agreement is amended to read
as follows:
PURPOSE OF AGREEMENT
2. The purpose of this agreement is to improve and coordinate
governmental services on a countywide and regional basis through the
establishment of a'cooperative association of governments. included
within this purpose is the development of a unified and coordinated
countywide transit system. This cooperative association shall be
known as'the San Bernardino Associated Governments, hereafter also
known as SANBAG. The San Bernardino' Associated Governments shall
perform all necessary functions to fulfill its purposes including,
but not limited to, the following:
a. Serve as a forum for consideration, study and recom-
mendation on countywide regional problems.
b. Assemble information helpful in the consideration of
problems peculiar to the various areas of the county.
c. Explore all practicable avenues for intergovernmental
cooperation in the interest of local public welfare and
improve administration of governmental services.
d. Serve as the countywide transit planning and coordinat-
ing agency and perform the following functions:
I. Develop the overall transit system plan for
the County of San Bernardino.
II. Resolve inconsistencies and coordinate transit
schedules and routings between service areas.
III. Conduct system_.planning_and provide-
technical
planning assistance to each.area Transit Service Authority,
upon request.
IV. Review SB 325 Article 4 claims in accordance
with SCAG (Southern California Association of Governments)
procedures, provided such authority is delegated by SCAG.
V. Determine transit priorities; coordinate,
prepare, and submit applications for Federal, State, or
other transit support funds which may become available.
VI. Coordinate all transit planning and operational
activities between area Transit Service Authorities, and with
adjacent counties, and regional, State, and Federal
..... .......................
agencies.
VII. Prepare, and coordinate with the operating
agencies, a unified system identity and a comprehensive,
integrated marketing program.
2. Section 3, pages 2 and 3, of said agreement is amended to
read as follows:
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COMMON POWERS TO BE EXERCISED
3. Common powers to be exercised in accordance with the
purposes of this agreement are the powers to:
a. Establish advisory committees;
b. Initiate studies to provide information helpful
and necessary to. the__consi derati on of. probl'emis and pro-
posed services to be rendered by the parties;
c. Explore possible areas of intergovernmental
cooperation;
d. Employ agents and employees;
e. Incur debts, liabilities, or obligations;
f. Sue and be sued; and
g. Make and enter into contracts to accomplish
the purposes of this agreement.
Common powers shall be exercised to aid, assist, extend, and
improVe.the intergovernmental cooperation and information of the
parties.
(SIGNATURE BLOCKS)
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